P. O. Box 661
Hampden, Maine 04444
P. L. Mossman, M.D., Editor
Volume 37, No. 2 August, 1997
Serial No. 1 05
r
J. C. Spilman, Editor Emeritus
CNL - 105
Editorial
Page 1695
A New FUGIO CLUB RAY Discovery
Newman 25-PP
Pages 1697 - 1698
James C. Spilman
Fugio Attribution Scheme
Pages 1699 - 1700
Michael J. Hodder
The Case Against Thomas Goadsby
Pages 1701 - 1714
Charles W. Smith, Ph.D.
The Annotated Halfpenny
Pages 1715 - 1727
Sequential page 1693
Copyright ® 1997 by The American Numismatic Society
Registration No. TX5-1 20-603
April 1997
THE COLONIAL NEWSLETTER Sequential page 1 695
EDITORIAL
Lightning seems to follow Tony Terranova, so
stand back!! He has come up with another
unique Fugio copper combination struck from a
pair of heretofore unknown dies. Ye Editor
Emeritus, Jim Spilman, a Fugio specialist, of-
fers some valuable commentary.
Several years ago, in an informal dialogue with
Jim Spilman, we discussed the “romance” of
Confederation coppers as I sought to define all
the artistic, physical and social science disci-
plines which impact on the study of colonial
numismatics. To my list Jim added the follow-
ing comment: “In regard to early American
coinages we have the added attraction of a
great deal of personal history of the coiners and
promoters that can be integrated into the Sci-
ence and Art aspects [of pre-Federal numis-
matics] ....” There were many strong personali-
ties involved in the production of state coppers,
many of whom left their trail in time for us to
follow. In this issue of CNL, Mike Hodder makes
Thomas Goadsby step out of his role as Tho-
mas Goadsby, coiner, as he skillfully reintro-
duces him to us as Thomas Goadsby, citizen.
This is a fascinating glimpse into the private life
ofthe man of New Jersey coinage fame wherein
his political sentiments and social sensitivities
are examined within the context of post-Revo-
lutionary America.
In forthcoming issues, we plan to bring you the
personal history of two more famous Ameri-
cans whose lives were intimately associated
with numismatics, Dr. Edward Maris and Paul
Revere.
The “Birmingham Halfpenny,” annotated by Dr.
Charles Smith, contains a treasure-trove of
information about the counterfeit coppers which
formed a substantial part of the small change
medium of early America. This rare manuscript
was the object of months of research as he
deciphered its archaic argot to uncover the
intended significance and message of this little
“chap book.” These bogus halfpennies were
the numismatic ancestors of all our pre-Federal
coppers as one recalls that the primary motive
for Confederation coinages was to provide good ,
true weigh coppers designed to drive such illicit
issues out of circulation. The hero of this yarn,
a cast William III copper, was not unlike those
unearthed in the Philadelphia Highway Find
reported by Eric Newman.^ I personally have
liberated two such cast pieces from dealers’
junk boxes in northern Maine. So this is not a
far-fetched story of Merry Ole England, but
rather a tale very applicable to British North
America. In fact it may provide the “missing link”
from which we can learn valuable lessons as to
the production, distribution and circulation of
counterfeit coppers in this country as well.
The preparation of this manuscript was a very
labor intensive project, not only in terms of
Skip’s research, but also in regard to the fantas-
tic editing job accomplished by Associate Editor
Gary Trudgen in scanning the old manuscript
from which he removed numerous stains and
extraneous marks deposited on the pages by
the ravages of time. Thank you both for your
efforts.
The Editor
^ Eric P. Newman and Peter P. Gaspar, “The
Philadelphia Highway Find,” The Numismatist,
1978, pp. 453-67.
August 1997
THE COLONIAL NEWSLETTER Sequential page 1 697
A New FUGIO CLUB RAY Discovery
Newman 25-PP
from
Anthony Terranova; New York, NY
(TN-175)
We recently received a brief note from CNL Patron Anthony Terranova with the terse comment, “Looks
like lightning struck again and indeed it did! That understatement introduces the fact that Tony has found
yet another new, concave end Club Rays FUGIO. Y ou will recall his prior discovery of 24-MM reported
in the CNL in July 1979 (pp. 677-78). This new variety, in accordance with Eric Newman’s system of
attribution,* has been designated 25-PP and was struck from two previously unknown dies.
New Fugio Club Ray Variety
Newman 25-PP
Photograph provided by: Tony Terranova
(Shown 2X actual size.)
As colonial enthusiasts are aware, FUGIO coppers can be defined into three major types based on the
characteristics of the rays emanating from the central obverse sun. By far, the Fine Rays lead the pack in
sheer numbers; the Club Rays varieties, which are distinctly in the minority, are further distinguished by
two subgroups, those whose club rays have convex ends (which the late Walter Breen called “Baseball baf ’
or “Round” ends) and those with concave ends (which Walter called “Musket Butt ends”). On closer
scrutiny, it becomes evident that these three groups are quite different in several ways.
I would like to refer our readers to J. C. Spilman’s analysis of the Club Rays FUGIOS in CNL (sequential
pages 179 to 183), with particular attention to the diagnostics of the convex end club rays, Newman
varieties 2, 5, 23, and now 24 and 25.^
A major feature of this subset concerns the nature of the G in FUGIO; in 5, 24 and 25, this G is punched
from a C and a crossbar added by hand whereas in 2 and 23, this crossbar detail was overlooked by the die
' Eric P. Newman, "Varieties of the Fugio Cent," The Coin Collector’s Journal, July-August 1952, pp. 10-20.
^ Also see James C. Spilman, CNL pp. 378-82 for more on distinguishing Fugio die varieties.
August 1997
THE COLONIAL NEWSLETTER Sequential page 1 698
sinker with the resultant FUCIO error. Certainly the G in this new discovery lacks the same artistic detail
of the Gs in the Fine Ray series suggesting that it, too, was improvised from the letter C. Spilman has also
reported a different style of 7 in the date in the convex types, a finding which also holds true for the new
25 obverse. The position of the cinquefoil following FUGIO clearly is different from 24 making obverse
distinction fairly simple.
The reverse die, PP, is a UNITED STATES type with two “raised” cinquefoils on the band giving the
impression that the ornaments are in relief These cinquefoils are similar to the MM die except that the label
on that variety is STATES UNITED. The weight of this new discovery, 159.1 grains, is consistent with
the heavier nature of this group of concave Club Rays which exceeded the legal requirement of 157.5
grains.^ The heavier planchet weight definitely separates this variety from its lighter Fine Rays and convex
Club Rays companions.
The mystery continues and we are no closer to discovering the true origin of either of the Club Rays FUGIO
types than we were in 1 979 (although Spilman has suggested that they may be a product of Machin’s Mills
based on the “fabric” of the planchets or a product of the Rupert, V ermont mint based on the known “travel”
of Connecticut hubs to the Rupert mint.)
Tony’s concluding statement was another understatement, “As far as how to know when you have new
dies, well - you just know!” But for those of us, like this editor, who lack an eidetic memory, perhaps the
following schematic will be helpful in recalling the specifics of the concave and convex end Club Rays
varieties. PLM
CLASSIFICATION OF CLUB RAYS FUGIO COPPERS'*
A
B
C
D
E
F
G
H
concave
FUCIO
yes
2
United States
C
Incuse
R7
convex
FUGIO
yes
3
United States
D
Incuse
R3
convex
FUGIO
yes
4
United States
E
Incuse
R3
concave
FUGIO
no
5
United States
F
Incuse
R7
concave
FUGIO
no
5
United States
HH
Incuse
R7
concave
FUCIO
yes
23
United States
ZZ
Incuse
unique
concave
FUGIO
yes
24
States United
MM
raised
unique
concave
FUGIO
yes
25
United States
PP
raised
unique
LEGEND:
A: Style of ray - convex [round end] or concave [musket butt]
B: FUGIO or FUCIO
C: Cinquefoil following FUGIO
D: Newman obverse designation
E: Reverse legend on reverse band (relative to WE ARE ONE)
F: Newman reverse designation
G: Nature of cinquefoils on reverse band of coin
FI: Sheldon rarity of die variety combination
^ See Mossman, Money of the American Colonies and Confederation, pp. 209, 211, 215.
See the following sidebar article titled “Fugio Attribution Scheme.”
August 1997
THE COLONIAL NEWSLETTER Sequential page 1 699
FUGIO ATTRIBUTION SCHEME
by
James C. Spilman (ye Editor)
(TN-176)
In recentyears, the method of choosing a newdesignation fora Fugio obverse or reverse has been
to use the next open number or letter; therefore, TonyTerranova’s new Club Ray Fugio has been
designated 25-PP which follows 24-MM (obverse) and 1 0-00 (reverse) in the current attribution
scheme.
This, however, has not always been the case. In the beginning when Eric P. Newman first
published his monograph on the Fugios (in 1 949) he selected two basic categories of Fugios. First
were the “standard” varieties which included both Fine Ray and Club ray varieties, all of which
appeared to have been struck from 1 8th century dies, and a non-standard category which included
those other things that did not appear to be genuine 18th century Fugios; especially the “New
Havens” all of which appeared to have been struck from modern dies.
Even earlier Boyd, Douglas and Crosby had each developed a Fugio attribution methodology
based on the Miller scheme of a numeral for obverses and a letter for reverses (except Crosby
reversed the order!). None of these, however, were ever published and their only use today might
be for “translation” purposes on an very old coin envelope or notebook notation.
By 1 960 the Fugio family appeared to have stabilized, but then, as new interest grew in the early
American coinages, a few new Fugio varieties were discovered. At first, Eric Newman, Dave
Bowers and ye Editor decided to name new reverses as a double letter with the first letter being
the same as the existing die variety which it most closely resembled. In that manner varieties 1 7-
WW and 1 9-SS were named and published by Dave Bowers & James Ruddy in their December
1958-January 1959 (Issue No. 4) of Empire Topics. Thus it was that Reverse SS “similar to S”
received the double letter designation.
It very quickly became obvious that the “similar to” technique was unworkable - exceptionally
subjective - and required excessive study to establish what and why two varieties might be
“similar.” At the suggestion of Eric Newman to ye Editor we decided to use the next open
appropriate numeral or letter as new die varieties were discovered.
The numerals were no problem. Genuine Fugio obverses start with numeral 1 and today have
reached 25 with the discovery of 25-PP. And - there is no problem of confusion since the “non-
genuine” Fugios - New Havens for example - start in the 1 00 series with 101, 102, 103, etc.
The reverse designations present a different situation, however, as some double letter reverses
were chosen in the beginning (in 1949). These include CC for the “regular” series and AA, BB,
DD, EE, FF, and GG in the Patterns and New Haven categories, as well as JJ and UU fora couple
of mavericks. All of these reverse designations are skipped in the “regular” series in order to avoid
confusion. When 5-new appeared in 1965, it therefore was designated 5-HH.
This methodology has continued to the present time, (with a couple of exceptions) until today we
have 25-PP. The next pair of open designators are 26 and QQ.
August 1997
THE COLONIAL NEWSLETTER Sequential page 1 700
There remain several out-of-sequence reverse designations which have already been used
including, in addition to those listed above, LL, SS and WW. The combination “II” was skipped
intentionally because of the difficulty of discriminating between (eye-eye) and the Roman numeral
two.
The confusion of obverse and reverse designations outlined above can be resolved into a much
better visual depiction by referring to “Appendix A - Summary Worksheet Update; January 1991”
on CNL sequential pages 1239 & 1240. Here, all ofthe varieties are tabulated (except 25-PP, of
course) within their specific family and this tabulation provides a visualization of all ofthe various
die variety designations.
While this bit of Fugio trivia may not be of much interest to some, ye Editor thought our Patrons
might appreciate having a record of why and how the Fugio Newman attributions are the way they
are today.
August 1997
THE COLONIAL NEWSLETTER Sequential page 1 701
THE CASE AGAINST THOMAS GOADSBY
by
Michael J. Hodder; Wolfeboro, NH
(TN-140A)
It is not often that a figure familiar to us from numismatics steps out of role to play a part on the
larger stage of History. Matthias Ogden of New Jersey coinage fame did, when he was
commissioned to carry from France to Congress the news that the Treaty of Paris had been signed
in 1 783. Thomas Machin, the engineer who constructed the great chain across the Hudson, was
another numismatic figure who stood out for a while against the backdrop of his time. Most of the
coiners and jewelers, engravers and die sinkers about whom we know something did their jobs
well or badly, lived their lives well or badly, but left little more evidence of their having been here
beyond the coins they helped make.
Occasionally, the lucky survival of a letter or a diary can shed new lighten the life of a numismatic
personality. In some very rare cases, the newly found document plucks that life out of its
numismatic niche and places it squarely on the stage of History. The case of the New York
Assembly v. Thomas Goadsby is just such an example.
Goadsby’s name is most familiar to collectors of colonial coins as one of the three partners in the
1 786 contract to make copper coins for the State of New Jersey. We know that the partnership
dissolved late that year and was reconstituted as an agreement between only two of the original
partners, Goadsby and another Englishman, Albion Cox. We also know that this second
partnership in turn dissolved, late in 1787 or early the next year, and was never revived.
Gary T rudgen, our best biographer of colonial era coiners, has developed other information about
Goadsby. Gary found that Goadsby first came to America early in 1783. Landing in New York City,
then still occupied by the British, Goadsby set up an importing business at 40 Hanover Square
specializing in silks and gauzes, the luxury end of the clothing business.
While reviewing the journals of the New York Assembly, T rudgen found that Goadsby had run afoul
of the law in what must have been a big way in March, 1785. According to the summary of the
case, Goadsby was brought before the New York State Assembly on March 22, accused of
exciting and promoting “...dissension and disaffection to the Government.” as the bill of indictment
read. Goadsby pled not guilty, his future partner Albion Cox testified forthe prosecution, and three
days after his arraignment Goadsby was found guilty, ordered to apologize to the Assembly, and
was fined costs.*
Since the record in the Assembly’s journal was little more than a resume of the proceedings, many
specific details about the case were not included. We did not know, therefore, why Goadsby had
been accused of so serious a crime as incitement to rebellion. The present writer suggested that
Goadsby might have been one of those wealthy New York City merchants opposed to the
formation of early trade unions favored by the Assembly, and whose opposition led him into
seditious speech.
* Editor's Note: For a complete transcription of the Assembly proceedings concerning Thomas
Goadsby, see CNL sequential pages 1288 through 1290. GAT
August 1997
THE COLONIAL NEWSLETTER Sequential page 1 702
So the story seemingly ended, with Goadsby inexplicably indicted and convicted of a serious crime
and no historical record to explain why. Then about two months ago, a happy discovery was made.
Dave Bowers, whose name needs no introduction to collectors of colonials, purchased a complete
set of a famous 1 9th century publication, the Historical Magazine. Typical of its kind and era, this
publication featured original articles on historical subjects, as well as reprints of older texts both
well known and obscure. There were some duplicate copies of individual issues in the set Dave
bought, and he gave those to me.
It was in one of those duplicates that I found the missing document that explained why Goadsby
fell afoul of the law. More importantly, the letter showed Goadsby to have been more than just a
cloth merchant or, later, a maker of coins. He was also something of a minor player on History’s
stage and he seems to have left an impression, at least on the minds of his fellows, that lasted
beyond the event that thrust him forward.
The document is a letter written in New York City by John Thurman, Jr. on September 8, 1 785.
The letter was addressed to Thurman’s friend William Smith, originally a New Yorker, but then
resident in London. From the context, it appears that Smith was clearly one of those “banished”
Tories who had lost all in 1783.* The letterconcerns several subjects, including matters of interest
solely to Thurman and his friend. I have appended that part of the letter that directly concerns
Goadsby and his legal entanglements. Readers who want to read the entire letter may refer to
the Historical Magazine, second series, v. IV, No. 6 (December, 1868), pp. 294-295.
Before we get to the events related in Thurman’s letter, perhaps we might become acquainted with
the writer. John Thurman (1732-1809) was born in New York City. He was active as a merchant
by 1760, selling drygoods, hardware, groceries, and other sundries. He had many customers in
Albany and the western settlements, and is known to have accepted furs in exchange for goods
in lieu of cash. In 1775, despite public warnings, Thurman continued to sell military stores to the
British army. In consequence, he was continually harassed by the New York Sons of Liberty. In
Albany in July, 1 778, Thurman refused to take an oath of loyalty to New York State, even though
he was opposed to Great Britain’s taxation policies. He was removed by a local committee of
safety and forced to stay behind the British lines during the war. Arriving in New York City early
in 1 779, Thurman found the house he owned there occupied by a Tory from Boston, who had been
lodged in it by the British army. Thurman tried to recover his house, fell into an argument with the
occupant, and was grabbed and paraded through the city streets and then incarcerated for
disturbing the peace. After the war, Thurman returned to (alternatively, he may never have left)
* Editor's Note: William Smith was Chief Justice of New Y ork from 1763 until the American Revolution.
After graduating from Yale in 1 745, he studied law in his father’s law office with William Livingston, the
future governor of New Jersey. Smith was admitted to the bar in 1750 and, afterwards, he and Livingston
operated a highly successful law practice. Smith married Janet Livingston in 1752.
Like his friend Thurman, Smith attempted to remain neutral during the Revolution. However, when he
refused to give the Test Oath in 1 777 he was paroled to Livingston Manor on the Hudson. When he refused
the oath again the following year, he was banished to British occupied New York City.
When the British army evacuated the city in 1783, he embarked with the British Commander in Chief, Sir
Guy Carleston, aboard the frigate Ceres for England. They arrived in Plymouth on January 10, 1784 and
proceeded to London. Smith remained in England until 1786 and then moved to Canada to take up the post
of Chief Justice, which he had been appointed to on September 1, 1785. He held this post until his death
in 1793. GAT
August 1997
THE COLONIAL NEWSLETTER Sequential page 1 703
New York City, but he soon assigned his business there to nephews. In later life, Thurman
removed to Johnsburgh in Warren County, New York, where he died aged 77, after being gored
by a bull. If Thurman had no reason to love the patriots, who had forced him to leave his Albany
home, he had less reason to love the British, who in turn had confiscated his New York City house.
Thurman was one of the many Americans who sided with neither Tories nor rebels, and was
persecuted by both sides.
In writing to his friend Smith, Thurman related the substance of a conversation he had with a mutual
friend, William Livingston, governor of New Jersey. According to Thurman, Livingston was imbued
with exactly those virtues of thrift and plainness that threatened the livelihood of a dealer in
imported luxury goods. Livingston’s republicanism brought to Thurman’s mind an episode in his
own life that made a strong impression on him.
As Thurman tells it, his friend Thomas Goadsby had arrived in New York City after the signing of
the Treaty of Paris, that ended the war between Great Britain and America (Goadsby’s first
business advertisement actually appeared in the June 9, 1783 issue of the New York Gazette).
At some time during the first quarter of 1785, Goadsby received a tax bill from New York City,
charging him with an assessment that he felt was illegal because Goadsby believed he was not
subject to the tax, basedonthefactthathehad notarrived in NewYorkuntil May, 1783. However,
the law that established the tax, called by Thurman the “Partial Law”, must have stated that the
tax applied equally to Goadsby as well as to others (the “Partial Law” has proved resistant to
identification). Goadsby was assessed £7, as his share of the tax.
It is here that we begin to learn something about Goadsby’s character that we could not have
known before. He must have felt the tax to be unfair, not only because it occasioned a loss of
capital, but also because he clearly believed he was not subject to the law. Goadsby’s objections
were not just motivated by self-interest, therefore. Rather, they were also grounded in principles
that, as we shall see, were strong enough to lead him to public protest.
Goadsby refused to pay the tax New York City claimed he owed. On March 22, 1785, one of New
York’s aldermen, Jeremiah Wool, obtained an arrest warrant on the charge offailing to paythetax,
and had Goadsby picked up and taken to prison. Goadsby’s lawyer. Colonel William Livingston,
obtained Goadsby’s release from prison on a writ of habeas corpus, one of the legal remedies the
colonists had fought so hard to obtain. Goadsby was ordered to appear before Justice Hubbard,
who had the year before heard cases in Albany against Loyalists.
Word of Goadsby’s arrest and imprisonment spread very quickly, because as he emerged from
the jail he was met by a throng of his friends and fellow merchants, all of whom must have shared
his opposition to New York City’s tax laws. Waiting outside the prison for him were two dozen men ,
all friends. Surrounding Goadsby, they formed up in parade fashion and escorted him in columns
of twos from the prison to his house.
The parade marched from the prison, which was located on the common abreast of Warren and
Murray Streets, about where City Hall is today, to 40 Hanover Square, where Goadsby kept his
shop and home. Thurman did not give the exact route taken from the prison, so it could have been
along several different streets, including Broadway, Nassau and Broad Streets, William and Smith
Streets, etc. After Goadsby and his escort reached his house, they turned into what Thurman
called Chapel Street, proceeded down Queen and then into Wall, finishing up at Thurman’s house
on Smith Street. There, some of the marchers gave three cheers for Goadsby, which attracted
the attention of passersby.
The route of the parade followed the chief business streets of the city and was probably not chosen
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THE COLONIAL NEWSLETTER Sequential page 1 704
haphazardly. Clearly, the marchers wanted to be seen. Queen (now Pearl) Street was narrow,
poorly paved, and in some places, lacked a sidewalk. Wall Street was one of the city’s widest
thoroughfares, with tall and elegant buildings, the lower stories housing shops and businesses,
the upperones residences. On the corner ofWall and Broad Streets was City Hall. Nearly opposite
was Alexander Hamilton’s house. Pearl Street, between Whitehall and Coenties Slip, was where
the courts were. William Streetwasthechiefstreetfordrygoodssellers. The newly formed Bank
of New York was located at 156 Queen Street, in the old Walton House (built 1752).
From Thurman’s house, the parade marched to Pearl Street. There, Goadsby’s followers turned
him over to Judge Hubbard, according to the terms of the writ of habeas corpus his lawyer had
obtained. Brought before Hubbard, Goadsby wisely decided to pay his tax in orderto avoid further
imprisonment and loss of business. After paying the court its costs and fees, and agreeing to his
liability for the £7 tax, Goadsby was released. He rejoined his friends, who were waiting outside,
and together with his lawyer Livingston, and his friend Thurman, Goadsby and the whole troop
marched east along Wall Street until they came to Water, where the Merchant’s Coffee House was
located.
In the late 18th century, the coffee house was the center of social and political life. There is no
real equivalent social institution today. The coffee house was where men met to make business
deals, trade in ships’ cargoes, plan ventures both commercial and political, and where support or
opposition to political events of the day was most vocal.
In 1785, the Merchants Coffee House was famous as the seat of political opposition to British
tyranny. It had served as the center of opposition to the Stamp Act in 1 766. In 1775, New York
City’s Committee of 51 had sent to Boston a letter calling for the formation of a Continental
Congress to plan a response to Britain’s closure of Boston’s port. The letter had been signed by
such stalwarts as Isaac Low, Alexander McDougall, James Duane, and John Jay. The Committee
of 51 met at the Merchants Coffee House and drew up their letter there. By the close of the
Revolution, the Merchants Coffee House had been captured by those New Yorkers who would
later call themselves Federalists, men who favored a strong central government at the expense
of local state power. The Merchants Coffee House also became the center for opposition to
Governor Clinton and the anti-Federalists. This opposition came to focus on two major issues,
taxation on goods imported from Britain, and the appropriate treatment of loyalists.
In 1785, New York state’s tax laws were as complex, iniquitous, and governed by special interests
as they are today. In the most general of terms, the laws were written by those who took a hard
line againstall things British. Thisfaction, led by Governor Clinton, who once vowed to hang every
Tory he could find, drew its chief support from the northern New York State agricultural interests.
Their continuing control of the state assembly was only possible as long as New York City’s
merchants and mechanics continued to pay an inordinate share of the general tax burden.
For example, a property tax quota system was established in 1 779, engineered by the agricultural
north, which resulted in New York City’s paying one-quarterof the whole state’s property tax even
though the city contained only one-twelfth of the state’s population and had only one-seventh of
the number of representatives then in the assembly. Alexander Hamilton, admittedly no friend of
the assembly, wrote to Robert Morris that the New York tax system was “vicious, burthensome
to the people, and unproductive to the government.”
The upstate agricultural interests were staunch republicans, conservatives ideologically opposed
to what they perceived as the luxurious lifestyles of the urban merchants. When John Thurman
has Governor Livingston say in his letter that “ Ribbons, gauzes, trimmings, silks, feathers, &
ornaments are not necessary to decorate the ladies, nor lace, fine cloths, or cambrick, etc. to
August 1997
THE COLONIAL NEWSLETTER Sequential page 1 705
decorate the men . Commerce is not necessary, riches are an evil , pomp is a sin. Poverty, frugality,
industry, and agriculture are the virtues that are absolutely necessary...”, Thurman was not
exaggerating all that much. The common man was supposed to be king, and the upstate farmers
looked with suspicion on the rich New York City merchants.
Following the Revolution came the inevitable, postwar depression. By 1785, the New York
Assembly was receiving two to three petitions for bankruptcy once, and sometimes twice, a week.
Granting such a petition allowed the debtor to pay only what he claimed he owned to his creditors,
the balance of his debts being forgiven. Although a general law allowing such forgiveness of debt
was not approved, the assembly’s apparentfavor to debtors outraged downstate merchants, who
objected that theirdebtors were signing overtheir assets to family members orfriends, then falsely
petitioning for bankruptcy relief.
On November 18, 1784, the New York Assembly passed and Governor Clinton signed a new
customs act. The act stated that ordinary customs duties levied on goods imported from Great
Britain were henceforth to be doubled if the goods had been imported by a British subject (now
we know why Samuel Atlee was so quick to become a naturalized American citizen). The act
established new customs posts, in New York City and on Sag Harbor, Long Island. One time
Brigadier General John Lamb (1 735-1 800), a Clintonian, was appointed the first receiver in charge
ofthe new duties. Three years later, in the fight against ratifying the Constitution in 1787, General
Lamb’s custom house in NYC became the headquarters ofthe Republican Club. After ratification
of the Constitution, President Washington in a conciliatory move appointed Lamb collector of
federal customsfor New York City, so he kept his post. Lamb resigned in 1 792, following revelation
of financial impropriety by one of his deputies, and he died in poverty.
Early the following year. New York State went further and passed a law taxing articles shipped
overland from neighboring Connecticut, Rhode Island, and even Massachusetts, that had
originally been imported into those neighboring states from Britain, as if they had actually been
imported directly into the port of New York. Connecticut retaliated, and two years later even went
so far as to resolve to export nothing to New York City for the next year.
The Continental Congress, then seated in New York City, unsuccessfully tried to gain control over
customs duties, claiming they were a matter of national, not local, interest. Governor Clinton and
the New York State legislature consistently opposed the Congress, the agricultural majority in the
New York Senate each time refusing to grant Congress this power. New York City’s merchants
were in favor of federal control over customs duties, believing that federal control would bring in
revenues to the Congress, thus lowering the burden of taxation to pay for congressional expenses.
In March, 1785 a petition in favor of the federal customs was circulated and was sent to the
assembly. The New York City Chamber of Commerce asked the state legislature to give Congress
the authority to regulate trade. A so-called General Committee of Mechanics circulated petitions
throughout the northern states, supporting the federal customs. On April 27, 1785, at the
Merchants Coffee House, merchants and public creditors met and appointed a committee to
remonstrate with the Assembly over its failure to grantthe impost. The committee included William
Duer, William Malcolm, Doctor Ledyard, Isaac Sears, and Thomas Lawrence.
A distinct anti-British, anti-New York City merchant bias can be detected in the disputes over
taxation and customs in 1 784-1 785. When it came to the treatment of those New Yorkers who
either supported the British during the Revolution, or who just refused to take sides at all, the
Tories, bias flowered into open intolerance and persecution.
From the governor on down, attitudes towards the Tories verged on open contempt. They were
seen as a class that had betrayed the Revolution, and therefore one that had forfeited its rights
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to fairness and tolerance. Very soon after the American victory at Yorktown in 1 781 , New York
State passed laws against Tories, aimed at both disenfranchising them and depriving them of their
property. Ephraim Brasher was one New Yorker who made a small fortune buying confiscated
Tory properties for a fraction of their true worth. But it was in 1 783 that the most notorious of the
anti-Tory acts was passed, the infamous Trespass Act.
On March 17, 1783, the New York State legislature passed the Trespass Act, which stated that
any citizen whose property had been confiscated by the British and leased or otherwise taken by
someone else during the war, could sue the interloper for damages. The effect of this law was to
make every New Yorker who had stayed behind in the city after 1 776 and who had leased a house
to live in from the occupying army potentially liable to the original owner for rent on the premises
since 1 776, as well as an unspecified amount of damages. The law ran counter to both the ordinary
rules of war as observed by all nations ofthe time and the terms ofthe Treaty of Paris, signed by
the United States, that ended the war. The issues at stake in the law, therefore, transcended those
of individual interest. They went to the heart of the great issue of the day, whether the federal
government had the power to bind the several states by international treaty. The first action to arise
under the Trespass Act would become, if handled right, a forum for both Federalists and anti-
Federalists to make their best case.
In September, 1 776 British troops occupied New York City and took possession of the brewery
owned by the widow Elizabeth Rutgers and her son, Robert. The Rutgers fled the city. The
brewery was placed under military control. On June 1 0, 1 778, the brewery was leased to Benjamin
Waddington and Evelyn Pierrepont, British merchants resident in New York City. Waddington and
Pierrepont retained the leasehold until March 17, 1783. When the British evacuated the city in
November, 1783, Pierrepont left the city, also. Waddington stayed behind. On her return to the
city, Mrs. Rutgers regained possession of her brewery.
Not coincidentally, the same day the Trespass Act was passed Waddington and Pierrepont
surrendered their lease ofthe Rutgers brewery. On recovering her brewery, Mrs. Rutgers sued
Waddington underthe T respass Act. Although no physical damage had been done to the brewery
structures or premises, Mrs. Rutgers claimed damages in the form of four and a half years’ lost
rent on the brewery and the brewmasters’ house adjoining.
The Rutgers case quickly attracted popular attention, as it was the first sued under the Trespass
Act. The widow’s cause appealed to those who hated the Tories and those who hoped to profit
in their own future cases from a favorable decision in hers. Mrs. Rutgers’ case was taken by Robert
Troup, John Lawrence, and William Wilcox. The New York state attorney general , Egbert Benson,
also intervened on Mrs. Rutgers’ behalf.
Benjamin Waddington’s case was extremely unpopular, as no one wanted to appear to support
a known Tory who the public believed had swindled a poor widow out of her rightful due.
Nevertheless, Waddington’s cause appealed to those who saw it as representative ofthe rotten
and vindictive treatment meted out to Tories following the victory over Great Britain. In addition,
the outcome of Waddington’s case would have diplomatic and international ramifications. By the
Treaty of Paris that ended the war, America pledged not to interfere with the property rights or
liberty of those who had remained behind English lines during the war, those popularly called the
Tories, and who had conducted themselves according to the laws then in effect. Since
Waddington had leased the widow Rutgers’ brewery according to British military law, his
supporters believed he should not have been liable to prosecution or penalties for conduct
protected by the Treaty of Paris.
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Despite its unpopularity, Waddington’s case was taken on by some of the most prominent New
York City lawyers, including Brockholst Livingston, Morgan Lewis, and Alexander Hamilton.
Rutgers v. Waddington came to the bar for a hearing on August 7, 1784. The case was heard
before the Mayor’s Court of New York City, with Mayor James Duane presiding. Duane had taken
his oath of office only six months before, and was still feeling his way around the job. Hamilton
argued that Waddington’s lease of the Rutgers’ brewery was protected by two points. First, the
laws of nations and of war allowed the victorto dispose of the property of the vanquished. Second,
and more importantly, the T reaty of Paris superseded the T respass Act, since the former had been
enacted by a national congress whose acts by right bound the several states and any local laws
they might pass.
Arguing for the widow Rutgers, Attorney General Benson stated that Congress had no power to
bind any state, that New York was a sovereign state entire unto itself, and therefore the Trespass
Acttookprecedenceoverthe Treaty of Paris. Benson proclaimed thatWaddington’s lease without
payment of the widow’s brewery was in violation of an actof a sovereign state, and that the court
must find in her favor.
Mayor Duane confronted two strong arguments, both fraught with consequences to his city, his
state, his new nation, and his own personal career. With considerable skill, he managed to steer
a middle course between the two opponents. Nearly three weeks after he had heard the opening
arguments, Duane delivered his verdict. He began by agreeing with Hamilton, saying that it was
also his opinion that “...no state in this union can alter or abridge, in a single point, the federal
articles or the treaty.” But, he went on, in the case at hand, Waddington obtained his lease not
from the general commanding British forces in New York City, but from the commissary-general,
a subordinate officer who had acted without the explicit authority of his superior. Accordingly,
Duane ruled, although Waddington’s lease would have been protected by the sovereign effect of
the T reaty of Paris, the lease was lawfully imperfect and thus could not have conveyed a leasehold
right in the brewery. Waddington’s lease was illegal, therefore, and accordingly, Duane found for
the widow. The case was bound over to a jury for a hearing and assessment of damages. Where
the judge’s opinion was considered and tried to give something to both sides, the jury’s decision
was more in keeping with Attorney Benson’s side of the issue. On September 2, 1 784, the jury
fined Waddington the inordinate sum of £791/13/4.
Despite his waffling, Mayor Duane was branded along with chief counsel Hamilton as a Tory lover
and no son of liberty. Mass outpourings of resentment and angerat Duane's support of Hamilton’s
federalist arguments soon followed, and the newspapers were quick to print diatribes against both
men. On November 2, 1784, the New York State legislature went so far as to censure Mayor
Duane and his court and advised the Council of Appointments to be more cautious in whom it
named as mayor next time around.
In the aftermath of the case, Hamilton took his arguments to the newspapers, beginning a debate
overwhat later came to be known asfederalism. Writing underthe pseudonym Phocion, Hamilton
made many of the same arguments he had delivered before Mayor Duane’s court. Replying to
him with the anti-federalist, Clintonian, side was Isaac Ledyard. Failing to win their arguments in
print, some anti-Federalists conspired to challenge Hamilton to a succession of duels, one of
which, it was hoped, would prove his death. Ledyard, to his credit, is said to have warned Hamilton
of the plot.
This long digression into the political and legal history of New York City in 1 784-1785 is necessary,
if we are to understand how Goadsby landed in the trouble he did, and what happened to him as
a result. No one acts in an historical vacuum, whether he be a great or a small man. Sometimes,
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the small man finds himself playing a part in a bigger scene, moved by historical forces that govern
the public actions even of great men.
When Goadsby and his friends assembled at the Merchants Coffee House, they ordered bowls
of punch all around and began celebrating what they must have seen as a moral victory. But, no
sooner had they drained their first bowl than Jonathan Piercy, the Sergeant-at-Arms for the New
York State Assembly, strode through the front door bearing an order for Goadsby’s arrest. The
charges were treason and sedition against the State of New York. Piercy took Goadsby into
custody and led him out of the Merchants Coffee House. Thurman did not specify where Goadsby
was taken and held, it may have been to Piercy’s own house, or to the city prison, from whence
Goadsby had been released only a few hours earlier, but Goadsby was back in jail that very
evening.
The next day, Wednesday, March 23, 1 785, Goadsby was brought before the bar of the New York
Assembly. The charges against him were read out, that Goadsby had made malicious and
damaging statements against the honor and dignity ofthe Assembly in words that tended to excite
dissension and disaffection to the government. When asked how he pleaded, Goadsby replied
not guilty, stating that he had never said anything against the Assembly either disrespectful or
seditious.
William Ketchum and Jeronimus Riker, two New Yorkers who otherwise are unknown, were then
called as witnesses in the case. According to the summary of their testimony provided in
Thurman’s letter, they stated that Goadsby had made statements that denigrated the assembly,
its laws, and its honor. They claimed that Goadsby had said that the bankruptcy laws were unfair,
that all anyone had to do to cheat his creditors was run to Judge Hubbard, declare bankruptcy,
and walk out “whitewashed ." In speaking ofthe tax laws (almost certainly meaning what Thurman
called the partial law), Ketchum and Riker claimed that Goadsby had said “they were all fools
together," but the witnesses could not say whether they understood Goadsby to mean the laws,
themselves, were the fools, orthe legislators who had made the laws. Alderman Wool was called,
and he stated that when he arrested Goadsby for failing to pay his tax, Goadsby told him that he
only allowed himself to be arrested because he wished to be agreeable to Wool’s demand, not
because he felt he was subject to the tax law.
At this point, Goadsby proclaimed that he would publish the story of these proceedings in all the
newspapers of Europe. He indignantly pointed out that he had been arraigned before the
Assembly without a duly authorized warrant to appear, and that the trial was, therefore, illegal.
The two prosecutors in the case against Goadsby, Peter Yates and a Mr. Lawrence (John or
Joseph, he is not identified further by Thurman), then began to present evidence against Goadsby
drawn from statute and even the Constitution. Yates (1747-1 826) had been born in Albany, where
he was admitted to the bar and practiced law. He was a revolutionary from the earliest days, being
elected in 1775 to the Albany Committee of Correspondence (reelected in 1776, he declined
service). His legislative career was good, being a New York assemblyman in 1 784 and 1 785 and
a member ofthe Continental Congress in 1785-1787. He died in Caughnawaga, New York. His
uncle, Abraham Yates (1 724-1796), was one ofthe upstate anti-federalist senators (1778-1 790)
bitterly opposed to the idea of a federal customs system. Lawrence escapes exact identification,
unfortunately.
At this point in the proceedings, someone must have realized the implications of Goadsby’s
outburst, that he was being tried without warrant or an attorney present. One of the prosecutors
then said that the case against Goadsby could be proved but before it went any further, Goadsby
should be asked if he wanted to have a lawyer present. Goadsby, naturally, said yes, and asked
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THE COLONIAL NEWSLETTER
Sequential page 1709
V- : ^
/ Kf ■0/tfft
(tin
Plan and Elevation of the Old City Hall fomerly standing in Wall Street in the City of New
York as it was in the years 1745 - 1747; made by David Grim (No. 30 Cedar Street) in the
82"* year of his age who has at present a correct idea of the same. New York October 1818.
(© Collection of The New-York Historical Society.)
Editor's Note: The City Hall elevation drawing shows the front of the building on Wall Street facing
Broad Street. The Assembly chamber was located on the second floor of the right wing. The floor
plan of the first story is shown at center left and the second story at center right. The basement, which
served as the Debtor's Prison, is depicted at the bottom of the drawing. GAT
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THE COLONIAL NEWSLETTER Sequential page 1710
for time to prepare a case in his defense. The Assembly decided to give Goadsby until the next
day to retain and brief his counsel. They also ordered that the witnesses be recalled, and that
Albion Cox be added to the list of those whose testimony would be heard. Goadsby was remanded
into the custody of Sergeant-at-Arms Piercy, and the Assembly moved on to other business.
The next morning, Thursday, March 24, 1785, the Assembly reconvened the case against
Goadsby, but immediately ran into unforeseen problems. News of Goadsby’s arrest and
prosecution had spread throughout the city, and when he was brought back into the Assembly
chamber, his supporters were out in force to oversee the proceedings. At this time, the New York
Assembly met in a room in the east wing of the second floorof New York’s City Hall. Seeing the
assembled throng, which probably included only supporters of Goadsby’s cause, the Assembly
proclaimed that the number of spectators was so large that they feared the floor of the room might
collapse, so it ordered an adjournment to the sturdier downstairs rooms of City Hall. It is also quite
possible that the Assembly was more than a little fearful for its own safety, and ordered the move
because they felt that the ground floors of City Hall offered the Assembly more security than the
upper floors could. In this regard, it is interesting to note that, almost exactly one year earlier, the
New York chapter of the Society of the Cincinnati, the organization of ex-Continental army officers,
volunteered its military services to the governor and Assembly in a time of what it proclaimed to
be public disorder. A John Lawrence, possibly one of Goadsby’s two prosecutors, was one of the
members deputized to convey the society’s support to Governor Clinton. The Society was then
under the chairmanship of the same Brigadier General Lamb, whom we met earlier, in charge of
New York’s customs. Lamb was an old New York Son of Liberty who, with Isaac Sears, had seized
the New York City customs house following news of the Battle of Lexington (April 23, 1775).
When the Assembly reconvened, later that morning on Thursday, March 24, 1785, Goadsby
appeared at the bar with his counsel. He had two lawyers. The first was the same Colonel
Livingston who had got him out of jail the previous Tuesday. Livingston had had a distinguished
war record and was well known to many in the Assembly. He was also known to at least one other
future coiner, Thomas Machin. On October 6, 1777, Livingston joined Captain Thomas Machin
to parley with British Lieutenant Colonel Mungo Campbell outside Fort Montgomery, which was
then besieged by forces under the command of British General Henry Clinton. The fort was
eventually taken, but only after a hard fight. Colonel Livingston was captured. Captain Machin
was wounded in the shoulder while manning a canon, but escaped. British Colonel Campbell was
killed leading the attack. Goadsby must have had confidence in Livingston, for he retained him
as his New York City attorney in another action four years later (Aaron Ogden, another ex-officer
and later a federal senator, acted for Goadsby in the New Jersey courts).
Goadsby’s other lawyerwas none otherthan Colonel Alexander Hamilton. On its face, Hamilton’s
representation of Goadsby’s interests should not be entirely surprising. Hamilton was a lawyer
in practice in New York City. He had already acted as Goadsby and Company’s attorney in a
September 7, 1784 suit against James Brebner and Andrew Brown. In fact, the Goadsby v.
Brebner& Brown affair was continued to August 23, 1 785, so Hamilton would represent Goadsby
again, after his brush with the New York Assembly. Curiously, the lawyerarguing against Hamilton
in this case was Aaron Burr, who would later kill Hamilton in an act of murder during a duel by pistol.
With Hamilton’s help, Goadsby would win his case against Brebner and Brown, who were ordered
to pay £19/19/8 damages, 6d costs.
Goadsby knew Hamilton from another arena. Alexander Hamilton was one of the founders of the
Bank of New York and was probably the author of its constitution . The bank was actually founded
at the Merchant’s Coffee House in meetings on February 24 and 26, 1 784, approximately one year
before Goadsby ran into trouble with the law. Thomas Goadsby owned two shares of the new
bank’s stock. Hamilton, a member of the bank’s board of directors from 1784 to 1788, owned one
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THE COLONIAL NEWSLETTER Sequential page 1 71 1
share, and co-counsel William Livingston also owned one share in 1784. Albion Cox, a witness
in Goadsby’s 1 785 trial and later his partner in the New Jersey coinage scheme, owned two shares
of bank stock. With just one exception, the men arrayed against Goadsby in his March, 1 785 trial
before the Assembly were not supporters of Hamilton’s newly founded Bank of New York, and the
exception turned out to be a sympathizer.
Goadsby’s choice of Alexander Hamilton as co-counsel in his trial before the Assembly almost
certainly implies more than just confidence in a lawyer and businessman of proven talent. It could
not have been lost on Goadsby that Hamilton had only just concluded arguments in the
Waddington v. Rutgers case under the Trespass Act, or that Hamilton was seen as a champion
of those opposed to Governor Clinton and the states-righters in the legislature. For his part,
Hamilton could not have been unconscious of the implications of Goadsby’s own case, a British
born merchant hauled off before the barofthe Assembly on no warrant, accused of speaking his
mind in public. Goadsby’s case would not be of the moment that Waddington’s was, but it was
another instance of opposition to rough riding by the Assembly.
After Goadsby’s attorneys were recognized by the Assembly, prosecutors Yates and Lawrence
reexamined witnesses Riker and Ketchum, who must have reiterated their previous testimony.
Alderman Wool was recalled, and Albion Cox was examined for the first time. Once the
prosecution had finished, Hamilton and Livingston asked their own questions of the witnesses.
The Assembly adjourned for lunch, and when it reconvened that afternoon, decided to continue
the hearing to the next morning.
On Friday morning, March 25, 1785, the Assembly reconvened to continue hearing the case
against Thomas Goadsby. Both prosecutors and defense lawyers made their summations, the
former going first. When Hamilton rose to speak for Goadsby, he made a remarkable statement.
According to Thurman’s account, which we have no reason to disbelieve (Thurman was present
at the time, having been called as a witness but never examined), Hamilton said words to the effect
that “I was loathe to appear as counsel in the case and would not agree, but Goadsby assured me
nothing could be proved against him. Had I known how much would actually be proved, I would
not have agreed to appear on Goadsby’s behalf.” No sooner had Hamilton said these words, than
prosecutors Yates and Lawrence proclaimed that Goadsby’s own lawyer had proven their case
for them! The Assembly appeared to agree.
Yates then made a motion that Goadsby be found guilty of a misdemeanor of contempt for the
Assembly, that he be made to ask forgiveness of the Assembly publicly from the bar, and that he
pay Sergeant-at-Arms Piercy’s fees before being discharged. Before the Assembly could move
the motion to a vote. Assemblyman Comfort Sands rose with a competing motion. Sands (1748-
1834) was a businessman who in 1782 had been the successful low bidder on Robert Morris’
contract for military supplies (the next year, he lost the contract for demanding his payments be
made in specie). Sands was the only assemblyman prominent in the Goadsby case who was also
connected with the Bank of New York, being one of the founders and, along with Hamilton, a
member of the board of directors (1 784-98). He was later, 1 794-1798, president of the New York
City Chamber of Commerce.
Sands, apparently sympathetic either to Goadsby or to the cause he then personified , moved that
Goadsby be simply reprimanded instead of convicted of a misdemeanor. The Assembly
disagreed, however, and his motion was defeated 28 to 1 2. Yates’ original motion was moved, and
the Assembly divided along the same lines as it had on Sands’ motion, voting 29 to 1 1 in favor of
the harsher penalty. The Assembly adopted Yates’ motion, Goadsby was found guilty, and was
ordered led before the bar to pray his pardon of the house. Goadsby had no choice but to comply.
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on which he was released into his own custody, paid the Sergeant’s fees (which could have run
to as much as £2), and the case against him ended.
Hamilton regretted his hasty words, and Thurman notes him as saying he would willingly have paid
100 guineas for a chance to restate what he really meant to say. Thurman goes on to tell his
correspondent that Hamilton’s intemperance did not stop him from collecting his 1 0 guineas fee.
In Thurman’s opinion, Hamilton’s representation hadn’t been worth 1 0 coppers, or less than one
shilling, let alone the 21 0 shillings he charged Goadsby. Thurman clearly felt that Goadsby might
have won his case had Hamilton kept his mouth shut. Presumably, Goadsby’s native wits had
pointed out the flaw in the Assembly’s case against him, namely, that he had been brought to the
bar on no warrant, and thus the proceedings were strictly extralegal.
What were the consequences of the case against Goadsby? For the man, himself, probably not
many, although we cannot know that for certain. Goadsby went on with his importing business,
moving three months after the trial to Smith Street, near where his friend John Thurman lived at
the time. He stayed in the business through 1 790. Less than two years after the trial, Goadsby
won the contract for coining coppers for the State of New Jersey. Clearly, his conviction in 1 785
did not disqualify him for bidding on the job in 1 786. One of his two partners in the contract was
Albion Cox, another English emigre and one who had been called to testify in his trial. Whatever
testimony Cox had given, Goadsby either forgave or felt was no hindrance to a business deal.
Was Goadsby’s short stroll across History’s stage of any greater effect? Did he leave a trace of
his passing behind him? Thurman certainly thought he had. In his letter, Thurman states that he
had been told by several assemblymen that, had it not been for Goadsby’s trial, the Assembly
might have been moved to take a more conciliatory attitude towards those Tories who had been
banished from the state, leaving their possessions behind them. His correspondent, William
Smith, just happened to be one of these unfortunates, who had lost all following the war. As an
earnest of how close they had come to obtaining some relief for the Tories, Thurman wrote that
even old General Alexander McDougall (1 732-1786) had told him this. McDougall was no friend
of Goadsby or the Tories. A Son of Liberty along with John Lamb and Isaac Sears, McDougall
had been imprisoned in 1 770 for libel against the General Assembly, very much the same sort of
charge raised against Goadsby, and, like our coiner, McDougall’scause was a very popular one.
While in prison, McDougall had so many visitors he had to set regular visiting hours. McDougall
was a member of the Committee of 51 that sent the letter to Boston from the Merchants Coffee
House and during the war held the rank of Major General (1777) with command in the Hudson
Highlands. At the time of Goadsby’s trial, he was a member of the Continental Congress. In many
respects, McDougall and Goadsby were equally outspoken men who both ran afoul of the
authorities for what they said in public.
With hindsight, we can see that Goadsby’s career on History’s stage was short and nearly entirely
uneventful. He made no great and lasting impact upon his world apart from the coins he had a
hand in leaving behind. For the brief space of four days in March, 1785, however, Goadsby’s
existence was important outside his own circle and was recognized by the great and near great
of his day and place. Afterwards, he faded from the big picture, only to resume his role in his own
circumscribed world. Andy Warhol said that everyone will be famous for 15 minutes. Thomas
Goadsby had more than his Warholian share of fame. GB
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Text of the John Thurman, Jr. Letter
Septembers, 1785
Those sections pertaining to or concerning Thomas Goadsby are reproduced as published,
unedited, in the Historical Magazine, second series, v. IV, no. 6 (December, 1868), pp. 294-295.
Thurman’s orthography and syntax are preserved.
New York 8th Septr 1785
William Smith Esqr. London
to the eare of Rob Rashleigh Esquire
No. 25 Garlick Hill
I spent some time Lately with your Old friend Govr L.[ivingston, of New Jersey] he never
mentioned your name tho I gave many openings he said it was not against his conseience to deelare
Independance. . .he did not rej oiee in the Change but Acquis ’d in it, as there was no way of avoiding
it... [Livingston continued, saying that] Ribbons, Gauses Trimmings, Silks Feathers & ornaments
not necessary to decorate the Ladies, nor Lace fine Cloths Cambrick &c to the men Commerce
not necessary-Riches an Evil, Pomp a Sin. Poverty Frugality Industry & agriculture Virtues
absolutely necessary and must be in Practis ere we can be Happy., Our Happiness Approaches
very fast. Many of our New Merchants & Shopkeepers set up since the Warr have faild, we have
nothing but Complaints of Bad times. In Philadelphia it is worse, yet Labour is very high and all
articles of Produce very high, very small are our exports-there is no Ship Building, but House
Building in abundance & House rent remains high-Law in abundance, the Trespass Act is food
for the Lawyers-yet we say there is no mony [but still] Feasting and every other kind of
Extravagance go on. reconcile these things if you can. Gloomy Joys.
Perhaps the Following Story may not have come to you from any of your friends Mr. Goadsby,
an English Gentleman who arrived here since the Peace was taxed £7-0d by the Partial Law and
as he did not conceive himself Subject to the Law as he was clearly not withinn the description
of those [who] were to be taxed, he refused to pay, Alderman Wool committed him, Collonel
William Livingston by a Writ of Habeas Corpus brought him before Judge Hubbard in this
business about 24 Gentlemen of Mr. Goadsby ’s Acquaintance attended him from Prison to his
own House, 2 & 2 as if it had been a funeral. Our Rout [:] from the Prison, Thro Chappie Street
up Queen & Wall Street to my House in Smith Street, here some 5 or 6 Gentlemen gave 3 cheers-
which caused many people to enquire what was doing. Collonel Livingston, Mr. Cox, Goadsby
& the Sherif & jailor went from hence to the Judges, whe Remanded Mr. Goadsby to Prison-He
paid the Tax to avoid further trouble, we went to the Coffee House Drank a Large Boul of Punch,
& Closed the Business. But to our Great Surprise, the Assembly then Sitting took Allarum, had
Mr. Goadsby taken into custody on a Charge of Treason and sowing Sedition & in Proof on a 3
days Tryal and calling for every person that was suposed to know anything about Mr. Goadsby
it was proven he had found Fault with the Insolvent Law had said a man had nothing to do but
run in Debt, go to John S. Hubbard & get White Washed and Cheat his Creditors-in Talking of
the T ax Law he had said they were all fools together-but whither he meant the makers of the Law-
or the Assessors & Tax gatherers-or all that had any thing to do in the Business might be meant
the witness could not say but suposed the Latter. Alderman Wool said Mr. Goadsby had told him
he did not wait on him in consequence of the warrent but out of Complasance-as much as to say
he was not subject to the Law he Mr. Goadsby had said he would have this Business advertised
in all the News Papers in Europe-it did not appear he had been charged before the House by any
Single Person, on Oath to Authorize the Proceedings-Mr. Lawrence & Peter Yates appeared as
Prosecutors in the Business-to examin witnesses &c-in this part of the Business, the Gentlemen
began to prove that Mr Goadsby might have counsel; Laws, Cases, the Constitution &ct; &ct; was
produce, when one of the Gentlemen said Mr Goadsby had not asked for Council nor did he know
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if he wanted any it would be time enough to prove those matters when he asked couneil the
Question was then put to him & he said he would be glad to have Couneil and time, which was
granted Collonel Hamilton & Livingston were of Council, argued the Matter to very Little
purpose Collonel H in opening the Business made use of these remarkable words-I was Lought
to appear in Council on this Business, and would not consent, but on Mr Goadsby Assuring me
there could be nothing proved against him, & had he known so much would have been Proved,
he Certainly would not have consented-Lawrence & yates criminated Goadsby from this
declaration, which 1 think must have hurt the Collonel as I was informed he said he would give
L[awrence] 100 Guineas-for an oppy to reply. The House Resolved Mr Goadsby should ask
Pardon pay Fees & be discharged-which he did Collonel H[amilton] took 10 Guineas for his
Services-I am sure I should think 1 0 copers more than they were worth-for had it not been for his
Services 1 do not think but Goadsby might have been freed.
1 was called before the House to Evidence in the above Cause but was not examined, and have
since been told by several Members had it not been for this affair something would be done for
the Banished &c, but now nothing would be expected even Mc[Dougal] himself told me this. 1
told him 1 did not care a Single Dam, for my own part they might do as they pleased, without
further Grace on the 8 of November next the Law is as full against me as it is against you...
August 1 997 THE COLONIAL NEWSLETTER Sequential page 1715
THE ANNOTATED HALFPENNY
by
Charles W. Smith, Ph.D.; Orono, ME
(G-11)
I have often looked upon the worn and scarred
face of an old copper coin and wondered by
what paths it had found its way to me. I thus
took particular delight when I came upon the
following late Georgian children’s story, The
Adventures of a Halfpenny: Commonly called
a Birmingham Halfpenny or Counterfeit, as
Related by Itself I realized immediately that
this children’s story was not only a whimsical
and charming tale, but that it was a text rich
with historic insights into the production, distri-
bution and circulation of counterfeit halfpence
in late 18th century England.
The story needs no introduction since its au-
thor, J.G. Rusher, provides four introductory
pages packed with generous detail. However,
having done research in this field of numis-
matics and having lived in England while on
sabbatical at the University of Oxford, I thought
I might add my experience to the story back-
ground by providing annotations to the text.
David W. Ruskin, of Oxford, was instrumental
in locating the William Rusher token accom-
panying this article. William was a relative of
J. G. Rusher and continued in the publishing business in Banbury, England. Mr. Ruskin also
reviewed the manuscript and provided interpretation for several of the more challenging pas-
sages.
To preserve its charm and historic character, the editors of CNL have chosen to reproduce the
original text and woodcuts. The booklet itself is rather scarce. I was able to locate only a few copies
in the U.S., complete and readable. I estimate its publication circa 1810.
The booklet begins with an advertisement followed by a poem and a frontispiece.*
The Adventures
OF A
HALFPENNY;
COMMONLY CALLED A
Birmingham Halfpenny.
BANBURY:
"Printed and Sold byJ. G. Rushes,
BRIDGE-STREET.
Price One Penny.
* Editor's Note: Note numbers have been added to the original text in superscript to help the reader
locate the word or passage about which the author is commenting. Also, the booklet pages are
presented in their original sequence, starting with the cover page, then inside facing pages and ending
with the back page. GAT
August 1997
THE COLONIAL NEWSLETTER Sequential page 1716
RUSHER’S EDITION.
THE ADVENTURES
OF A
M^4]LF]PMJVJVY0
COMMONLY CALLED A
Birmingham Halfpenny,
OR
COUNTERFEIT;
AS RELATED BY ITSELF.
I was transported from Birmingham,
■with many of my brethren, of different
dates, characters, and configurations, to
a Jew Pedlar, in Dukes-place, who paid
for us scarce a fifth part of our nominal
value.
See the 8th Page.
BANBURY :
Printed and Sold by J. G. Rusher,
BRIDGE-STKEET.
Price One Penny.
1 . This page lists LITTLE BOOKS printed and sold by J.G. Rusher, for a penny each. These
children’s books would have been called “chap books” in their day and would have measured
about 4 inches by 2/4 inches. Rusher emphasized his books are “adorned with a great number
of cuts,” [woodcut illustrations].
2. Trice means in an instant and without delay. It is nautical in origin, meaning to haul up or lash
up with one quick movement.
3. A Halfp’ny Chuse means the booklet itself.. .a penny is the price.
4. Basely born is a term of social class distinction, used from medieval times, meaning born into
the lowest social stratum. The reference here is to the fact that the counterfeit halfpenny was not
produced [born] at the Royal Mint.
5. This line is a joke. A Halfp’ny’s [this book] made [earnedja penny [its purchase price].
6. Adulteration, as used here, means debased or made impure. This refers to the alloying of scrap
metal with copper to produce counterfeit coins.
7. Itinerant branches [of the economy] meaning traveling traders, at the bottom of the market,
would be the sellers [dealers] needing such a humble coinage.
8. The dealers at the bottom of the market were, in fact, trapped there. England was full of itinerant
traders in late Georgian times and therefore competition was high. Any attempt by a trader to
increase prices would have resulted in thattrader being ignored and quickly driven out of business.
August 1997
THE COLONIAL NEWSLETTER Sequential page 1 71 7
THE FOLLOWING LITTLE BOOKS,’
and many others,
Adorned with a great number of Cuts,
Are just Printed and Sold by
J. G. RUSHER, BANBURY .
History of a Banbury Cake Price Id
History of John Gilpin Id
The Good Farmer, or History of > , .
Thomas Wiseman j
Galloping Guide to the A B C Id
Adventures of Sir Richard Whit- 5
tington and his Cat t
Riddler’s Riddle Book, by Peter!
Puzzlecap, Esq, j
The Children in the Wood, inverse Id
The New House that Jack Built Id
Short Stories, or Treasures of Truth Id
Anecdotes for Good Children Id
The Adventures of a Counterfeit, >
or Birmingham Halfpenny 3
Pretty Poems for young Folks Id
Any of which, and a variety of others,
may be had of the person who sells this.
Here’s something new,
Dear Child, for you,
’Twill please you in a trice^;
A Halfp’ny chuse,^
Now don’t refuse,
A penny is the price,
Tho’ basely born^
Pray do not scorn,
A tale not worse than many ;
For I’m afraid,
More say in trade,
A Halfp’ny’s made a penny,®
9. The Tyburn Gallows was the site of London’s public executions. Marble Arch is located on this
site today.
10. Since 7000 grains equals 1 pound avoirdupois and a nominal counterfeit halfpenny weighs
about 100 grain [“The English George III Contemporary Counterfeit Halfpenny Series: A Statistical
Study of Production and Distribution,” by Charles W. Smith in Coinage of the American
Confederation Period , ed. Philip L. Mossman, The American Numismatic Society, Coinage of the
Americas Conference, 1995, pages 23-53], then there would be about 70 counterfeit halfpence
to the pound weight. At nine-pence the pound weight, that gives about 8 counterfeits per penny.
This is a surprisingly small value [see annotation 29 for further support of this estimate]. One
possible implication of this estimate is discussed in the End Notes.
1 1 . At this time, vast quantities of obscene/erotic materials were openly offered for sale to the
public. The term polite literature was used to differentiate between decent publications and
indecent publications.
12. Songs written for public performance in music halls, a standard form of entertainment, were
called play-house songs.
13, 14, 15. These are examp\es of polite literature [songs, poems, stories, etc.] but contained in
this sentence is a complaint that a halfpenny isn’t worth what it used to be. The implication being
that its buying power has been driven down by the practice of counterfeiting.
16. The major method of cleaning one’s teeth in Georgian times was by toothpicks. Toothpicks
could be purchased from street vendors at six for the halfpenny, but the devaluation of the
halfpenny was driving such vendors out of business.
August 1997
THE COLONIAL NEWSLETTER Sequential page 1718
INTRODUCTION.
The adulteration of the copper-coin®
as it is highly pernicious to trade in ge-
neral, so it more immediately affects the
itinerate branches of it. Among these,
at present, are to be fonnd the only cir.
culators of base metal^; and, perhaps,
the only dealers who are obliged to fake
such counterfeits, as will find a currency
no where else; yet are not allowed to
raise the price of their commodities.®
A Tyburn execution,® a duel, a most
terrible fire, or a horrid, barbarous,
bloody, cruel, and inhuman murder, was
wont to bring in vast revenues to the
lower class of pamphleteers, who get
their livelihood by vending these diurnal
records publicly in the streets: but
since half-pence have been valued at no
more than nine-pence the pound weight,’®
these occasional pieces hardly answer the
expences of printing and paper ; and the
servant maid, who used to indulge her
taste for polite literatureV by purchasing
INTRODUCTION. y
fifty new play-house songs{^or a whole
poetical sheet of the Yorkshire garland]*
or Gloucestershire fragedy’,'‘for a half-
penny, can now scarcely procure more
than one single slip of I love Sue, or
the Lover’s complaint.’®
It is also observable, that the public
walks no longer echo with the shrill cry
of ^‘Toothpicks! Take you six, your
honour, for a half-penny, ”’®as it did
when half-pence were half-pence worth.
But the greatest sufferers are undoubt-
edly the numerous fraternity of beggars ;
for, as things are circumstanced, it
would be almost as profitable to work
as to beg, were it not that many of the
uncharitable are now induced to deal
out their charity in what is of no other
use to themselves, in the hope of receiving
seven. fold in return.’^ Indeed, since the
usual donation has been so much lessened
in its value, the beggars have been ob-
served to be more vociferous and impor-
lunafe]®One of these orators, who takes
his Station at Vauxhall-Gardeiis’,®now en-
1 7. Here Rusher offered a social comment: he felt people with disposable income made donations
to the poor, not through kindness, but ratherto support theirown hope that, by giving, good things
would happen to them. However, these people were, in fact, passing their counterfeit coins to the
begging class!
18. The begging classes, because they were receiving less in buying power per coin for their
efforts, had grown noisy and pushy in an attempt to increase the number of coins collected.
19. Vauxhall-Gardens, a well-known public speaker’s place where large crowds would gather,
was a popular location for street beggars. Here, beggars had begun to ask explicitly for GOOD
coins, because they were having difficulty passing the counterfeits they received.
20. Counterfeit farthings were of so little value that beggars were actively pulling them out of
circulation, the hope being that, if they received only a farthing fortheir begging, at least there would
be an increased chance that it might be a GOOD coin.
21. Rusher wonders if good people should not follow the example set by the beggars and begin
to pull counterfeit halfpence out of circulation.
22. The hierarchy within the beggars’ community apparently operated a mint and a foundry. The
Mooiiields area is located in northeast central London, between Liverpool Street Station on the
east and the Barbican Arts Centre to the west. It is interesting that even today The Ironmongers
Hall, a trades guild, is located nearby.
23. Contemporary counterfeit halfpence of William III are often cast, a foundry operation, rather
than a die striking process.
August 1997
THE COLONIAL NEWSLETTER Sequential page 1 71 9
■Vi INTRODUCTION.
forces his piteous complaint, with “ Good
Christians, one good half-penny to the
stone blind]” and another, who fells you
he has lost the use of his precious limbs,
addresses your compassion by shewing a
bad half-penny, and declaring that he is
ready to perish with hunger, having tried
it in vain at twenty-three places to buy
a bit of bread. Farthings, we are told,
were formerly called in by the beggars,^®
as they threatened the ruin of their com-
munity] I should not wonder, therefore,
if this public-spirited people were also
to put a stop to the circulation of bad
balf-pence, by melting them down from
INTRODUCTION. vii
time to time as they come into their hands.^^
The experiment is worth making ; and
I am assured, that, for Some end or other,
orders will be issued out from the king
of the beggars, to bring all their adulte-
rated copper to their mintin theBorough,
or their foundery in Moorlields.^^
I was led to the consideration of this
Subject by some half-pence I had just re-
ceived in change ] among which, one in
particular attracted my regard, that
Seemed once to have borne the profile of
King William^^fiow scarcely visible, as it
was very much battered, and besides other
marks of ill usage had a hole through the
middle. As it happened to be the even-
ing of a day of some fatigue, my reflec-
tions did not much interrupt my propen.
sity to sleep, and I insensibly fell into a
kind of half-slumber ; when to imagina-
tion the half-penny, which then lay before
me upon the table, erected itself upon
its rim, and from the royal lips stamped
on its surface, articulately uttered the
following narration.
The introduction to this story ends on page vii, as the much-battered halfpenny now rises to tell
its story.
24. Illegitimacy here means outside the law, that is, not produced by the official authority of the
Royal Mint.
25. Baseness of my extraction, again in reference to both its metallic content [not good copper]
and low social status.
26. Counterfeit coins were produced using techniques that gave them an old and circulated
appearance. Struck counterfeits were produced from dies intentionally cut shallow and without
detail. Cast counterfeits were produced from molds which received their impressions from well-
circulated coins. Various chemical treatments were then employed to give a patina. Here
Birmingham is specified as the source of production. This is not at all unexpected since the
Birmingham area was a cradle of the Industrial Revolution. Birmingham also appears in the title.
27. The implication here is that counterfeit coins of several monarchs and, perhaps, denomina-
tions were produced at the same time. Of course, the date on a counterfeit coin indicates only its
earliest possible time of circulation and not necessarily its time of manufacture.
28. We learn here that a middleman was used as a key figure in the first step in distribution, by
taking the counterfeit coins from their source of production into the heart of London. At the time
of this story, Jews were barred from membership in the trades guilds and discriminated against
as property/shop owners. Thus unable to participate openly in the economy as producers or
retailers, they could function successfully as distributors ofgoods and commodities. Dukes-place
[Dukes Place] is halfway between the Tower of London and Liverpool Street Station.
August 1997
THE COLONIAL NEWSLETTER Sequential page 1 720
Adventures of a Halfpenny.
Sir,
“ T SHALL not pretend to conceal
I from you the illegitimacy of
my birth^^'or the baseness of my ex-
traction^: and though I seem to bear
the marks of old age, I received my
being at Birmingham not six months
ago?® From thence I was transported,
with manyof my brethren, of different
dates, characters, and configurations”
to a Jew-pedlar* in Dukes-placefwho
paid for us scarce a fifth part of our
nominal value.^® We were soon after
separately disposed of, at a more
moderate profit, to coffee-houses,
chop-houses, chandler -shops, and
gin-shops?®
“ I had not been long in the world,
before an ingenious transmuter of
* See the Frontispiece.
Adventures. 9
metals^laid violent hands on me ; and
observing my thin shape and flat
surface, by the help of a little quick-
silver exalted me into a shilling?^ Use,
however, soon degraded me again to
my native low station | and I unfor-
tunately fell into the possession of an
urchin justbreeched^ who received me
as a Christmas-box of his god-mother.®®
I now lost the very essence of my
being, in the custody of this hopeful
disciple of avarice and folly; and
was kept only to be looked at and ad-
29. The middleman paid about a fifth of nominal face value. That would be 9 or 1 0 counterfeit
halfpence to the penny. [See annotation 1 0 where the estimate was about 8 to the penny. ..pretty
good agreement for a children’s story!]
30. The counterfeit coins were then sold to various business establishments to be used in making
change. The middleman added his commission; the use of the words more moderate in this case
meaning nearer to face value.
31 . A transmuter of metals was a type of technical forger. By various chemical and thermal
treatments, he made objects crafted from base metals appear as to be crafted from precious
metals.
32. The halfpenny was rubbed with mercury [quicksilver] to give it a silver sheen with the intention
of passing it into circulation as a shilling. One might feel that it would be impossible to pass a
silvered halfpenny off as a shilling, since a shilling is a bit smaller in diameter, thinner and has an
altogether different reverse design. However, one must keep in mind that an illiterate day laborer
or itinerant seller may never have had a shilling of his own. Thus a silver coin of about the right
size with the king’s portrait on it could have been fairly convincing. He might gladly take this
“shilling” for sixpence worth of his labor or goods and feel he was getting the best of the deal!
33. The word use here means circulation and, with circulation, the thin layerof mercury wore away
and the coin reverted to its base metal appearance.
34. Urchin was a term for a male working class child. Just breeched means just old enough to
wear trousers, about 4 years of age.
August 1997
THE COLONIAL NEWSLETTER Sequential page 1 721
10 Adventures of a
mired : but a bigger boy, after a while,
snatched me from him, and released
me from my confinement.
“ I now underwent various hard-
ships among his play-fellows, and
was kicked about, hustled, tossed up,
and chucked into hoW; which very
much battered and impared me: but
I suffered most by the pegging of
tops^^themarksofwhich I have borne
about me to this day. I was in this
state the unwitting cause of strife, en-
vy, and revenge. At length I was dis-
missed from their service, by a throw
with a barrow-woman for an orange?®
Counterfeit Halfpenny. 1 1
“ From her it is natural to con-
clude, I posted to the gin-shop^;
where, indeed, it is probable I should
have immediately gone, if her hus-
band, had not wrested me from her,
at the expence of a bloody nose, black
eye, scratched face, and torn clothes.
By him I was carried to the Mall in
St. James’s Park*; where — I am
ashamed to tell how I parted from
him — Let it suffice, that I was soon
after safely deposited ina night-cellar?’
“ From hence I got into the coat-
pocket of a BLOOD^^and remained
35. A Christmas-box means a Christmas present. Even today in England, Christmas presents
are still occasionally referred to as Christmas “boxes.” Small gifts were given, often to
tradespeople, on December 26, still called Boxing Day.
36. The halfpenny was used as a plaything in some rather rough games. Hustled here means
to be shaken in the hands, with other coins, and thrown on to a surface as is done with dice.
37. Pegging of tops is another children’s game. Conical wooden tops were spun by wrapping a
string around the body of the top and throwing it to the ground while holding one end of the string.
Done properly, the top would spin on the iron pin or peg at its apex. A variation of this game was
to place a target on the ground or floor, often a coin. Each player took his turn and the child who
could land his top to spin on the coin would win. As one can imagine, each success left its mark
on the coin.
38. Throwis an old word for purchase. A barrow-woman was a street trader working from a wheel
barrow; in this case, selling fruit.
39. Posted, as used here, means to travel in haste. A gin-shop was a lower class pub featuring
gin, the cheapest distilled alcoholic drink available. In the 18th and 19th centuries, gin was also
known as “mother's ruin.” The barrow-woman heads straight to the pub with the halfpenny, but
it is taken from her by her husband, after a struggle.
40. The Matt in St. James’s Park is the long, wide, tree-lined thoroughfare leading to Buckingham
Palace. It was popular as a promenade in Georgian times.
August 1997
THE COLONIAL NEWSLETTER Sequential page 1 722
12 Adventures of a
there with several of my brethren for
some days unnoticed. But one even-
ing, as he was reeling home from the
tavern, he jirked a whole handful of
us through a sash-window, into the
dining-room of a tradesman, who he
remembered had been so unmannerly
to him the day before, as to desire
payment of his bill. We reposed in
soft ease on a fine Turkey carpet^^till
the next morning, when the maid
swept us up ; and some of us were
allotted to purchase tea, some to buy
Counterfeit Halfpenny. 13
snuff, and I myself was immediately
trucked away at the door for the
Sweetheart’s Delight.'*'*
“ It is not my design to enumerate
every little accident that has befallen
me, or to dwell upon trivial and in-
differentcircumstances, as is the prac-
tice of those important egotists, who
write narratives, memoirs, and travels.
The king, God bless him, has many
worse subjects than I, for as useless to
the community as my single self may
appear to be, I have been the instru-
41. The implication here is that the barrow-woman’s husband, used the halfpenny to make
payment to a prostitute, who then later secreted it in a personal hiding place, a night-cellar.
42. Blood, in the context of the story, refers to a debauched person, a rake or roue. Blood can
also refer to a dandy and, in this case, perhaps, the male protector, or pimp, of the prostitute.
43. Today we would use the term oriental rug. Turkey carpet , as used here, is a generic term
for carpets, not only of Turkish origin, but Persian, Eurasian, and Asian origin. Most of these
carpets arrived in Europe by ancient overland routes, crossing the Bosporus at Istanbul, hence
Turkey carpets.
44. At the door for the Sweetheart’s Delight. I am unable to trace this idea, but it may refer to a
confection or candy sold door-to-door.
45. The halfpenny would be the coinage denomination most common to the poor, for their labors.
The rich may have occasion to use it for tips, special favors or even small bribes.
46. The days, usually three, before Ash Wednesday [Shrove Sunday, Monday and Tuesday] are
so called because this is the time for confession preparatory to Lent. Shrove is the past tense of
shrive, to give confession of one’s sins.
47. Mock-encounters refers to mock animal fights played by children using stuffed toy animals,
in imitation of cockfights and other popular animal betting sports of the day. The halfpenny rejoices
that it was debarred [cut off from] any share in supporting the actual exercise of inhumanity on
helpless animals.
August 1997
THE COLONIAL NEWSLETTER Sequential page 1 723
14 Adventures of a
ment of much good and evil in the
intercourse of mankind : I have con-
tributed no small sum to the revenues
of the crown, by my share in each
newspaper, and in the consumption
of tobacco, spirituous liquors, and
other taxable commodities. If I have
encouraged debauchery, or supported
extravagance ; I have also rewarded
the labours of industry, and relieved
the necessities of indigence. The poor
acknowledge me as their constant
friend;''® and the rich, though they
affect to slight me, and treat me with
contempt, are often reduced by their
follies to distresses which it is even in
my power to relieve.
“ The present exact scrutiny into
our constitution has, indeed, very
much obstructed and embarrassed my
travels ; though 1 could not but re-
joice in my condition last Shrove
Tuesday as I was debarred having
Counterfeit Halfpenny. 15
any share in maiming, bruising, and
destroying the innocent victims of
vulgar barbarity ; I was happy in
being confined to the mock-encounters
with feathers and stuffed leather; a
childish sport, badly calculated to
initiate tender minds in artsof cruelty,
and prepare them for the exercise of
inhumanity on helpless animals
“ 1 shall conclude. Sir, with in-
forming you by what means I came
to you in the condition you see. A
Choice SpiRiT^®a member of the
Kill-Care Club, broke a link-boy’s''®
pate®“with me last night, as a reward
for lighting him across the kennel P’
The lad wasted half his tar-flambeau®^
in looking for me ; but I escaped his
search, being lodged snugly against
a post. This morning a parish girl®®
picked me up, and carried me with
raptures to the next baker’s shop to
purchase a roll. The master ex-
48. A Cho/ceSp/r/f was slang for someone who lived by his own rules, outside those of accepted
societal norms. ..a rogue or ruffian.
49. Kill-Care Club refers, by name, to a criminal fraternity or gang of Georgian London. A link-
boy was someone who guided persons through dark and dangerous places in a city, to reduce their
risk of robbery, or worse.
50. Broke is slang for injured. The ruffian injured the link-boy’s head. [Pafe is an old English word
for head.] From the context, perhaps the ruffian begrudgingly threw the halfpenny hard at the link-
boy and it cut [as in broke the skin of] his head.
51 . The link-boy was lighting the ruffian’s way with a torch across the gutter down the center of
the street or kennel.
52. A tar-flambeau was a simple torch made from pitch, twigs and scrap rags. Linkcan also mean
a type of small torch made of tow [the coarse or broken part of flax] and pitch [coal tar or petroleum
tar],
53. A parish girl was a waytorefertoalocalgirl. It could also carry the negative class connotation
that she was from the regional workhouse.
54. Bridewell was a famous prison in Georgian times. Here, the baker is threatening the parish
girl for trying to pass a counterfeit coin, i.e. for putting off bad-money.
August 1997
THE COLONIAL NEWSLETTER Sequential page 1 724
16 Counterfeit Halfpenny.
amined me with great attention, and
then, gruffly threatening her with
Bridewell for putting off bad-money,®'*
knocked a nail through my middle,
and fastened me to the counter :®®but
the moment the poor hungry child
was gone, he whipt me up again, and
sending me away with others, in
’change to the next customer, gave
me this opportunity of relating my
adventures to you.”
When I awaked, I found myself
so much invigorated by my nap, that
I immediately wrote down the strange
story which I had just heard ; and
as it is not totally destitute of use
and entertainment, I have consented
to permit that by this means it may
be communicated to the public.
I am, Sir,
Your humble Servant,
Tim. Turnpenny?^
FINIS.
THE FOLLOWING BOOKS,”
and many others,
Are Printed and Sold
J.G. RUSHER, BANBURY.
The Filial Remembrancer, or Col-
lection of the much admired
Poems. “My Father, My Mo-
ther, My Brother, My Sister,
&c ” with Originals Price 4d
Rusher’s Reading made most Easy 6d
Rusher’s Royal Primer Improved 8d
History of Belisa, Orsames, and)
Julia, with Frontispiece J °
History of Rustan and Mirza, &c. )
and Anna, with Frontispiece J °
Wit and Humour, or a Collection)
of Jests, Witty Sayings, &c. V 6d
with Frontispiece \
History and Misfortunes of Fa.y
tyma, and of Olympia, with(
Inkle and Yarico, in Verse, ^
with Frontispiece ^
The Gleaner, or new Selection of )
Songs, very small size, embel-V 6d
lished with many Engravings S
Arithmetical Tables Id
55. The baker nails the counterfeit coin to his shop counter. It was against the law at this time to
possess a counterfeit coin unless it had been defaced, in preparation forturning it in for scrap. This
was often done by cutting it in half, bending it or holing it. We see this act by the baker is, in fact,
hypocritical in that he immediately removes it [whipt me up again] and passes the counterfeit
halfpenny to his next customer, in change.
56. Your humble Servant was a standard ending to a letter in Georgian times. The name
Turnpenny is a play on the words, “to turn a penny” meaning to keep money in circulation.
57. J.G. Rusher printed and sold books other than children’s books. Listed here are a collection
of sentimental poems, several history books, a joke book, an illustrated song book and a book of
math tables!
58. Without the woodcut, the phrase with dog and string might not be clear, but as can be seen,
it refers to the blind street performer who earns money from passers-by by playing a violin, the
string. His dog, being both companion and guardian to the blind man, is also guardian, no doubt,
to the halfpence in the hat on the ground in front of him.
August 1 997 THE COLONIAL NEWSLETTER Sequential page 1 725
END NOTES AND OBSERVATIONS
This informative children’s story provides sev-
eral important, historic insights into the pro-
duction, distribution and circulation of coun-
terfeit coins in 18th century England.
PRODUCTION
Birmingham, a major location for the produc-
tion of counterfeit halfpence, is mentioned
both in the title and within the text. Industrial-
ization, that is, mass production by machine,
was developing at a rapid pace in central
England in the 18th century. Advances in
mechanical technologies were applied, after a
period of experimentation, by both the Royal
Mint and counterfeiters, to the cost-effective
production of coins.
Most pre-George III counterfeit coins are cast
[not all, but most] primarily because the ma-
chines required to roll sheet, punch blanks
and strike coins were very scarce. The Indus-
trial Revolution changed all that. We usually
think industrialization means that machines
produce products quickly and cheaply, but it also means that machines produce machinery quickly
and cheaply. Thus, production machinery of all kinds, that had not been available oronly available
for a huge capital investment, was being made and marketed from several sources in England,
each actively competing for a vast spectrum of customers. We learn from the text a startling fact,
namely, that even the community of beggars operated a mint in central London! In Birmingham,
coins of several monarchs and, perhaps, different denominations were being produced at the
same time.
The story also provides two cost estimates forthe production of counterfeit halfpence, in context,
tied to Birmingham production; one at about eight counterfeits to the regal penny and the other at
about nine to ten to the regal penny. That comes out to about four to five counterfeit halfpence
to one regal halfpenny. Although there is only about a farthing’s worth of copper in a regal
halfpenny, and even less in the counterfeits [about 100 grains on average as compared to the
nominal regal weight of 1 50 grains] this alone does not fully explain the two cost estimates in the
story. Even when one factors in contemporary wholesale prices for scrap copper, there still
remains a gap that would preclude a profit sufficient to compensate forthe risks of imprisonment,
seizure of assets or even death. [Statute 1 1 , George III, Chapter40, page 231 , “Ifany person after
24th June 1771, shall buy, sell, take, receive, pay or put off any counterfeit copper coin, not melted
down or cut in pieces, at or for a lower rate or value than the same by its denomination, imports,
or was counterfeited for, he shall be adjudged guilty of felony.”] To understand this puzzle we must
change the way we think about calculating the cost of a crime. We must think from the criminal
point of view. If one is going to commit the crime of counterfeiting [a very high crime, indeed] then
it is reasonable to assume that some, or perhaps most, of the necessary copper was procured
through arrangements other than legitimate markets, theft not being the least probable. The fact
Pity the plaint of lame and blind,
Who oft your charity implore,
Who cannot work their food to find,
Nor else than beg from door to door.
Thus this blind man, with dog and string,®®
Most piteous cries, Your alms bestow,
His tale of grief does say or sing,
A Halfp’nny give, relieve my woe.
August 1997
THE COLONIAL NEWSLETTER Sequential page 1 726
that the beggar community could keep a foundry in central London supplied with input material is
testimony to an active black market in metals.
DISTRIBUTION
A middleman played a key role in the distribution of counterfeit coins. Large quantities of
counterfeits were purchased at the source of production and transported to a population center,
in this case, London. The middleman, after adding his commission, sold them, in smaller
quantities, to retailers who needed change in order to trade their goods and services. The
motivation for the retailer to participate in the final stage of distribution and the first stage of
circulation is obvious; by making change with counterfeit coin, his profit margin per sale increased.
This is the foundation concept behind essentially all token transactions.
We must keep in mind that the middleman, not just the counterfeiter, was a big risk-taker in this
process since mere possession of counterfeit coinage was unlawful. However, the middleman
had the flexibility to exercise a considerable range of behaviors in carrying out his business;
trafficking being more dynamic than the production stage, by its nature, fixed in location. Thus,
the middleman, a major risk-taker, was also a major profiteer. The frontispiece woodcut of the
story shows the middleman in a night cellar with a ring of keys, unlocking a huge strong box.
CIRCULATION
This story provides the only reference I have located that describes the practice, by the beggar
community, of actively pulling counterfeit farthings out of circulation. The story explains both the
motive [to increase their chances as individuals that when given a farthing fortheir begging efforts,
it would be a GOOD coin] and the means [the community itself operated a foundry thus providing
a buyerfor accumulations of scrap metal]. As far as counterfeit halfpence are concerned, we are
treated to a vivid lesson in economics, namely that bad money drives out good. Everyone, from
the toothpick vendor and pamphleteer [like J.G. Rusher himself, to some extent] to the link-boy
and the parish girl, were affected. The counterfeit coins settled to the lowest economic
strata. ..down to the day laborer, the barrow-women and the prostitute. We often think of
counterfeiting as a crime against the government, but as our story clearly illustrates, it is also a
crime against the poor.. .“the greatest sufferers are undoubtedly the numerous fraternity of
beggars,” the introduction foreshadows on page ii.
And, finally, as all good children’s stories should be, this one is entertaining in presentation,
informative in content and moral in intent. <30
August 1 997 THE COLONIAL NEWSLETTER Sequential page 1 727
APPENDIX
Legends:
Obverse: W'" RUSHER HATTER BOOKSEL'^ & STATIONER • BANBURY •
bust, Va facing
Reverse: • SOL • ET • SCUTUM • DEUS • EST • NOBIS
[God is Sun and Shield for us.]
full facing sun with rays
Edge: + PAYABLE AT BANBURY OXFORD OR READING
incused capital letters
Diameter: 28mm (typical)
Weight: 150 grains (typical)
* Editor's Note: The William Rusher token is a British provincial token issued during the latter half
of the 1 8th century. During this period a large number of provincial tokens were minted, initially by
tradesmen, to facilitate trade because small change was in short supply. Today, in America, the series
is often referred to as Conder Tokens because James Conder compiled and wrote in 1798 the first
definitive description of these tokens. The standard reference today was written in 1910 by R. Dalton
and S. H. Hamer and is titled The Provincial Token-Coinage of the 18th Century.
The Rusher token is cataloged in Dalton and Hamer (page 222) as Oxfordshire, Banbury 1 and is
listed with two different edges, a plain edge and the above specified lettered edge. The lettered edge is
fairly common while the plain edge is rare.
Allan Davisson reprinted Dalton and Hamer in 1990 where he added 29 pages of additional details on
the series. GAT